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Exceptions to SOL PA Sex Crimes, Sex Offenders

Discussion in 'Criminal Charges' started by Frank28, Aug 20, 2019.

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  1. Frank28

    Frank28 Law Topic Starter New Member

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    Jurisdiction:
    Pennsylvania
    So I just would like to know that I see PA has an exception to the SOL, which is

    42 Pa. Cons. Stat. § 5552 Other offenses (c.1 Genetic identification evidence):
    • (c.1) If evidence of a misdemeanor sexual offense set forth in 42 Pa. Cons. Stat. § 5552(c)(3) or a felony offense is obtained containing DNA, and that DNA is subsequently used to identify an otherwise unidentified individual as the perpetrator of the offense, the prosecution may be commenced within the period of limitations provided for that offense, or one year after the identity of the individual is determined, whichever occurs later
    So if this was a sexual assault among two adults does the victim still have to report the crime within the SOL which is 12 years in PA and if they do not know who the perpetrator is if they find out after the SOL has passed the DA has one year to prosecute or does this mean if the victim say had a rape kit done and did not know who the perpetrator was but never reported the incident within the SOL can they still report it after the SOL has passed. Basically what im asking is no matter what does the actual incident have to be reported within the SOL for any prosecution to take place.
     
  2. army judge

    army judge Super Moderator

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    Do you remember this guy and the victim he was convicted of raping?

    CONVICTED_Constrand_Cosby.jpg

    The story of The "COS" and the "CON" in YOUR state reveals all anyone would ever want to KNOW about the SOL and certain sexually aggressive and intrusive criminal offenses.

    restrain yourself, Chauncey, keep that thing away from any unwilling "target"!

    Behave your naughty self.

    These days the DNA doesn't just speak, it SCREAMS who DUNNIT!
     
    justblue likes this.
  3. Frank28

    Frank28 Law Topic Starter New Member

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    first off i never commited a crime or have been convicted of a crime in my life and second that does not answer my question. i know all about that cosby trial and the case was reopened days before the SOL expired

    all im saying is does the crime have to be reported before the sol expires
     
    Last edited by a moderator: Aug 21, 2019
  4. Zigner

    Zigner Well-Known Member

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    Then why are you here?
     
  5. zddoodah

    zddoodah Well-Known Member

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    Anyone may report anything no matter how much time has passed. A statute of limitations is a law that limits how long after the commission of a crime the prosecutor has to initiate prosecution. It has nothing to do with reporting crimes.

    I couldn't really follow the rest of that crazy long run on sentence in your post. If there's more that you're asking about, please explain.
     
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  6. Frank28

    Frank28 Law Topic Starter New Member

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    you explained it well, thats actually what i was asking.
     
  7. Frank28

    Frank28 Law Topic Starter New Member

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    well i guess really what i am asking is if someone that knows who assaulted them had a rape kit done can they still prosecute after the SOL has passed if they have the rape kit because of the dna exception.
     
  8. zddoodah

    zddoodah Well-Known Member

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    According to the law that you quoted (I assume it was a quote and have not independently looked it up), if evidence of a misdemeanor sexual offense set forth in 42 Pa. Cons. Stat. § 5552(c)(3) or a felony offense is obtained containing DNA, and that DNA is subsequently used to identify an otherwise unidentified individual as the perpetrator of the offense, the prosecution may be commenced within the period of limitations provided for that offense, or one year after the identity of the individual is determined, whichever occurs later.

    In other words, if new DNA evidence identifies a previously unknown perpetrator, the prosecution gets at least a year after such identification to initiate prosecution, even if the applicable SOL had previously expired.
     
  9. Frank28

    Frank28 Law Topic Starter New Member

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    i opened a ticket a week ago and not had one single response to my ticket could someone please explain why no one has even responded yet
     
  10. adjusterjack

    adjusterjack Super Moderator

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    I am unable to access any of your previous posts. Please provide links to them and we will do our best to respond.

    If you cannot post links, ask your question again.

    Thanks.
     
  11. Zigner

    Zigner Well-Known Member

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    What do you mean by "opened a ticket"?

    Here is a link to your only other thread that contains your prior posts: Exceptions to SOL PA
     
  12. justblue

    justblue Well-Known Member

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    This is your only other thread and a few people responded.

    Exceptions to SOL PA

    The people that advise here, and at most other legal sites, are volunteers. When you post a question, there is not always someone available that may have legal knowledge of that exact issue.
     
  13. cbg

    cbg Super Moderator

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    I do not see any posts from you that do not have responses. Please clarify or post a link.
     
  14. army judge

    army judge Super Moderator

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    Your posts were consolidated here:

    Exceptions to SOL PA

    These will be too!
     
  15. Frank28

    Frank28 Law Topic Starter New Member

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    i dont know what that means im sorry but i just wanted my account deleted
     
  16. Zigner

    Zigner Well-Known Member

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    It means that all of the posts in the additional (unnecessary) threads were moved in to this thread. If you no longer wish to post here, then simply cease doing so.
     
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  17. Frank28

    Frank28 Law Topic Starter New Member

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    could i please have my account deleted ?
     
  18. justblue

    justblue Well-Known Member

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    Just stop posting...
     

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